Glaze

The defendant was charged in the court below with the murder of one William Trewella, alleged to have been committed on the fourteenth day of January, 1901. Upon the trial he was convicted of murder in the first degree, and his punishment fixed at life imprisonment. He moved for a new trial, and upon the motion being denied he appealed from the judgment and from the order denying his motion for a new trial. A brief statement of the facts will facilitate an understanding of the points involved.

The prosecution gave evidence tending to show that the defendant and the deceased Trewella were partners in the business of conducting the Windsor Hotel in San Francisco; that shortly before the homicide John H. 0 ’Connor, the bellboy, had received from Sachs, the occupant of room 70, an order for a drink, which required a lime or lemon in its preparation, and had delivered the order to Calisher, the bartender, who said that he had no limes or lemons at the bar; that O’Connor then went to the kitchen, where the deceased Trewella was at the time, and told him the limes were needed; that Trewella started toward the bakery as if to get the limes; that just as he was entering the bakery he met…